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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that the petitioner may withdraw the second modification application and dismissed it as withdrawn.

Summary

Rahul Kumar filed a criminal miscellaneous petition before the Patna High Court arising from a police case in East Champaran. He subsequently filed a second application seeking modification of the proceedings. The petitioner later approached the court requesting permission to withdraw this second modification application. The court examined the request and, finding no legal impediment, granted permission to withdraw. Consequently, the second modification application was dismissed as withdrawn.

Issues considered

  • Whether the petitioner is entitled to withdraw the second modification application filed in the criminal miscellaneous proceeding

Subjects

  • Criminal Procedure Code
  • Modification application
  • Withdrawal of application
  • High Court
  • Procedural liberty

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19313 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.67283 of 2025
                   Arising Out of PS. Case No.-304 Year-2024 Thana- CHIRAIYA District- East Champaran
                  ======================================================
                  Rahul Kumar S/O Umesh Bhagat R/o - Nagar Nigam Motihari, Ward No. 01,
                  P.S - Banjariya, District - East Champaran, Bihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rahul Kumar Shukla
                  For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    03-04-2026               1.    Heard learned counsel for the petitioner and

                    learned APP for the State.

                              2.    Learned counsel for the petitioner, after some

                    arguments,       seeks     permission        to   withdraw       the     second

                    modification application.

                              3.    Permission is accorded.

                              4.    Accordingly,       the    modification        application      is

                    dismissed as withdrawn.



                                               (Satyavrat Verma, J)
Sumit/-

U         T


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